Any governmental employee whose duties include applying and explaining laws to the general public can attest to the considerable communication challenge it often represents. The regulations of government are written by lawyers in what those outside the legal profession call "legalese." This term is generally uttered with a roll of the eyes and a shake of the head, a reaction also reserved for moments when one is faced with a foreign language. To the average citizen, the language of law is daunting, and efforts to glean practical understanding from legal documents too often results in frustration and the feeling that laws are deliberately obscure and incomprehensible so that lawyers and bureaucrats may justify their existence.

While those of us employed in the governmental sector may chuckle at that notion, or even agree with it to a certain extent, in more sober moments we know that even lawyers and bureaucrats would like to free themselves, where possible, from those customs of the past which do not work well in the present. Today's legal terms and usage has evolved over hundreds of years and is characterized by a precision of words and phrasing. Without such precision, too much would be left up to individual interpretation, and the resultant legal gridlock would probably be worse than that which currently exists. Laws are, after all, the creations of societies, not individuals. Unfortunately, in many cases that precision also utilizes the language of hundreds of years ago.

It is understandable, then, that the precise and exclusive wording of a legal document, while absolutely necessary to clarify its purpose and define its scope, can sometimes render it nearly incomprehensible to the very people to whom the law applies. It then becomes the task of every person whose duty is to explain and apply laws to make an effort to restore that language back into the common language of the people. This translation Job is of particular importance when the intent of a law is to inform the average citizen of her rights, duties and privileges.

Which brings us to public hearing notices. State law generally requires that when a county or municipality is proposing to make a change related to zoning, a public hearing must be held and a notice must be published to inform the general public of the hearing (Illinois Compiled Statutes, 65 ILCS 5/11-13-1 et seq). The litany of regulatory actions which require public notification includes, but is not limited to, rezoning of individual properties, variations, special uses, and zoning code text amendments. Any planning and zoning department is familiar with the need for public notices, and prepare and publish many such notices in the space of a single year.

But how easy are those public notices to understand? How well do they clearly inform the members of the public of those matters which will be considered at the meeting, the outcome of which may affect individuals' quality of life?

In many communities, the answer to the question above is, "Not very well." The problem is not that the published notices do not say what they should. In fact, most public notices are quite thorough, and provide all of the information explicitly or implicitly required by law or local policy. The problem is that, in an effort to meet legal requirements, and in the process of providing the required legal information, the notices end up sounding like contracts or deeds. As a result, most notices of public hearings are difficult to understand at best, and incomprehensible at worst, to the very people they are intended to serve. This is not a necessary result for governmental agencies charged with informing the citizenry of public hearings.

For example, consider the following notice of public hearing concerning a variation, as published (with slight modifications) in a local newspaper in the Village of Glen Ellyn, Illinois:

A petition for a Variation from the Glen Ellyn Zoning Code has been filed with the President and Village Board of Trustees of Glen Ellyn, Illinois by John and Jane Doe, for property commonly known as 555 Somewhere Avenue, and legally described as follows:

Lot 1 in Home Place, being a Subdivision of part of the Southwest Quarter of Section 37, Township 39 North, Range 10, East of the Third Principal Meridian, according to the Plat thereof recorded November 13,1950 as Document No. 5555 in DuPage County, Illinois P.I.N.: 05-37-318-001.

The petitioner is requesting a Variation from Section 10-4-5(D)2 of the Glen Ellyn Zoning Code to allow a second-story addition to an existing house which encroaches 14.5 feet into the required minimum 40-foot rear yard setback. The petition has been referred to the Zoning Board of Appeals to conduct a public hearing thereon. Said petition is on file in the office of the Director of Planning and Development, Civic Center, 535 Duane Street, Glen Ellyn.

Public notice is hereby given to all persons in the Village of Glen Ellyn that a public hearing before the Zoning Board of Appeals will he held relative to this petition on Tuesday, May 25,1993 at

January 1994 / Illinois Municipal Review / Page 19

7:30 p.m. in the Civic Center, 535 Duane Street, Glen Ellyn, Illinois. Individuals with disabilities who plan to attend the hearing and who require certain accommodations in order to allow them to observe and participate, or who have questions regarding the accessibility of the meeting or facilities, are requested to contact the ADA Coordinator at 469-5000.

This notice is by no means the worst example of a public hearing notice written in quasi-legal terminology. It is, however, illustrative of the problem of clearly communicating what is going on to the general public. Consider the following points. First, the notice states right away that a ". . . petition for a Variation has been filed . . ." But unless one is familiar with zoning law, a "variation" has little meaning, and a "petition" sounds like something circulated in the neighborhood to stop the creation of a land-fill next door. The next major portion of the notice is an address and a legal description of the subject property. The legal description is included because State law requires that the particular location be cited, and the legal description is the best way to assure compliance with that requirement (Illinois Compiled Statutes, 65 ILCS 5/11-13-6). But legal descriptions are, by definition and necessity, written in legalese. If one has little or no experience in reading legal descriptions, they sound like the droning of a bored lawyer during a real estate closing. With the exception of the address, which identifies that something is going on at a specific location, the first two paragraphs of the notice are relatively meaningless to the average reader.

Finally the notice gets around to identifying what variation is being requested. It does so by citing the section of the local zoning ordinance from which a variation is being requested, and it states why. This is the meat of the public notice, the part that is really of interest to the potential reader. But the problem is that this portion of the notice is laced with legal terms and references, and is set in a legal context, which does little to clarify what the notice is about. The notice then identifies which governmental entity will conduct the public hearing, and states that plans for the proposal are available for public inspection. Both of these pieces of information are important, but neither is written in straight-forward, common language, which raises the same question as to whether they successfully communicate the information. Next the notice identifies the date, time and location of the public hearing. This too is important information. The lead-in to this information, however, again sounds like legal jargon. The notice finishes off with a sentence intended to show compliance with the requirements of the Americans with Disabilities Act (ADA). Having little to do with most of the public, such a statement, while a good idea, is a liability to the understandability of the entire notice because it is more legalese in a document fraught with such phrases. This last sentence can serve to confirm for the average reader that this is a publication meant for lawyers, not everyday citizens.

It is likely that after reading the first sentence or two of the above notice, the reader will give up and move on to the sports section or the comics. The fact is that many people, having encountered legalese many times before, in real estate transactions, insurance forms, traffic tickets, banking regulations and numerous other instances in life, are put-off at the first sight of what appears to be a legal document.

In response, the government employee might be tempted to shrug, or even to say, "Well, if the public isn't concerned enough with what is going on around them to wade through a short notice, then they shouldn't complain if the government approves something that the public doesn't like." This attitude is less than positive. A far better approach is to assure that a notice of public hearing is written in such a way that the public is informed about what is occurring and therefore participates in the process. That is, after all, the intent of the law. More importantly, it leads to better land use decisions, because those individuals who are most likely to be affected by the proposal are involved in the review and approval process.

Fortunately, making the legal notice more simple and understandable can be achieved without compromising the legal requirements the notice must meet. Consider the following redraft of the Glen Ellyn notice:

The owners of 555 Somewhere Avenue are planning to build a second-story addition to their house. "The addition would go straight up from the existing back wall. However, the house is not far enough from the back lot line to meet the requirement of the Zoning Code. In order to build the second-story addition, the owners must seek a Variation from that requirement. Before the Village Board can grant a Variation, a public hearing must be held before the Zoning Board of Appeals.

The owners, John and Jane Doe, are asking for such a Variation. The Zoning Board of Appeals will hold the public hearing on Tuesday, May 25, 1993 at 7:30 p.m. in the Civic Center, 535 Duane Street, Glen Ellyn, Illinois. Anyone who is interested is invited to attend the public hearing to listen and be heard. Plans for the proposed second-story addition are available for public review in the office of the Director of Planning and Development, Civic Center, 535 Duane Street, Glen Ellyn. The property at 555 Somewhere Avenue is zoned R2, and is legally described as follows:

Lot 1 in Home Place, being a Subdivision of part of the Southwest Quarter of Section 37, Township 39 North, Range 10, East of the Third Principal Meridian, according to the Plat thereof recorded November 13, 1926 as Document No. 224899 in DuPage County, Illinois P. I. N.: 05-37-318-001.

The petitioner is requesting the Variation from Section 10-4-5(D)2 of the Glen Ellyn Zoning Code to allow a second-story addition to an existing house which encroaches 14.5 feet into the required minimum 40-foot rear yard setback. Individuals with disabilities who plan to attend the hearing and who require certain accommodations in order to allow them to observe and participate, or who have questions regarding the accessibility of

Page 20 / Illinois Municipal Review / January 1994

the meeting or facilities, are requested to contact the ADA Coordinator at 469-5000.

This redraft is more effective in achieving its purpose than the original version in a number of ways. For instance, in the very first sentence, the redraft says "who, what and where." That is the heart of the public notice, the matter of most interest to the public, and so it is right up front where it belongs. Those most likely to be interested, the adjoining property owners, know immediately what their neighbor wants to do. The language is simple and straight forward. If the first sentence contains clear information which is of sufficient interest, the reader will read on. If not, the reader will go on to something else without having wasted time on a notice that has no effect on their life. In communities which require that a notice be sent to adjoining property owners in addition to being published in a newspaper, this simplified first paragraph is much more likely to assure the notice will be read rather than tossed away with the other junk mail.

Having given the most pertinent information in the first sentence, the paragraph goes on to explain in straight-forward language what the problem is, and why the public is being informed about the project in the first place. The text takes the time to explain that a variation is required when a project does not meet code requirements, and that a variation requires a public hearing. This information is included because the average citizen does not necessarily know that there are standards about what can be built where, and what needs to happen if those standards cannot be met. The statement about the code requirement and the need for a public hearing explains that there is a law which says how far away a house must be from a lot line, and also implicitly states that there is a law which requires the public hearing. Unlike the published public notice, this justification helps avoid the common reaction on the part of the general citizen that the government is giving the poor homeowner a hard time out of pure mean- spiritedness or a "big brother" syndrome.

In the second paragraph, the redrafted public notice goes on to state who will conduct the public hearing and where and when. It invites people to attend the hearing, says that they can participate, and says where plans for the project can be reviewed by interested persons. All this is done immediately after the public has been informed as to what this notice is all about. This useful and important information is provided with as little legal jargon as possible.

Only after the most important information has been provided up front in clear language does the redrafted notice provide the other information required by State law. The legal description of the subject property must be provided, and unlike the wording of the notice, the language of the description cannot be simplified because the terms have specific meanings which must be maintained if the description is to be accurate. Besides the legal description of the property, it is always a good idea to cite the current zoning district of the property in question, and to relate the specific code reference of the regulation which is in question. This will assist the individual who may be interested in researching the regulations in greater detail. The sentence which addresses the ADA should be included to comply with that Federal law.

There are doubtless other ways in which the re-drafted notice could be made even more simple and effective in letting the average citizen know that the notice is not merely some governmental mumbo-jumbo, but is something which might warrant their attention. Public notices for other issues can also easily be rewritten in the same fashion". Such simplification of legal notices can be achieved if we free our thinking from adherence to a standard form which we reprint simply because our predecessors did so.

The overriding point is that the publication of a notice of public hearing should be more than merely the fulfillment of a legal requirement. It is a tool to inform the public of land use decisions, to involve the citizens in governmental activities and to help the body holding the hearing to solicit all views. Governmental employees who prepare and publish legal notices as a matter of course know how formalistic they tend to become. If we are honest with ourselves, we admit that the main reason we publish notices is because we are meeting a legal requirement, not because we want to encourage public participation. But it is good for our professional souls to remember that we have a duty and responsibility to serve the public and to give its members an opportunity to take part in the decision-making process. Revisiting the formula of the public notice we publish and taking a good look at how easy it is for the average citizen to understand it is a worthy exercise. If that formula is less than clear, it should be changed. Even boiler manufacturers occasionally change their "boiler-plates." Should we do less?

* The process of simplifying the language of public notices need not require a different notice format for each type of action which requires a public hearing. The model redraft presented above can be applied to other common notices. For example, its easily adapted to special uses . . .

CarTele, Inc. is planning to build an antenna and equipment room on top of the E-Z Hotel at 555 Major Road. However, CarTele is a public utility, and the Zoning Code says that public utilities are allowed in the E-Z Hotel's zoning district only as a Special Use. In order to build the antenna and equipment room on the roof of the E-Z Hotel, a Special Use Permit must be granted. Before the Village Board can grant a Special Use Permit, a public hearing must be held before the Plan Commission. CarTele is asking for such a Special Use Permit. The Plan Commission will hold a public hearing on the requested Special Use

January 1994 / Illinois Municipal Review / Page 21

Permit on Thursday, May 27, 1993 at 7:30 p.m. in the Civic

Center, 535 Duane Street, Glen Ellyn, Illinois. All persons in the Village of Glen Ellyn who are interested are invited to attend the public hearing to listen and be heard. Plans related to the proposed antenna and equipment room are available for public review in the office of the Director of Planning and Development, Civic Center, 535 Duane Street, Glen Ellyn.

The property at 555 Major Road is zoned C3 and is legally described as follows:

The East 100 feet of Lot 1 in Commercial Place, being a subdivision of Section 38, Township 39 North, Range 11, East of the Third Principal Meridian, according to the Plat thereof recorded November 8, 1955 as Document 55555, in DuPagc County, Illinois P.I.N.: 06-38-305-001.

The Special Use Permit is requested in accordance with Section 10-4-11(B)16 of the Glen Ellyn Zoning Code to approve a Special Use for a public utility in a C3 district. Individuals with disabilities who plan to attend the hearing and who require certain accommodations in order to allow them to observe and participate, or who have questions regarding the accessibility of the meeting or facilities, are requested to contact the ADA Coordinator at 469-5000.

...and to rezoning of individual properties.

The owners of the vacant land at the southwest corner of Somewhere Avenue and Anywhere Road are planning to build apartments on the property. However, the property is not zoned for apartments, In order to build apartments on the vacant land, a Zoning Map Amendment must be granted to change the zoning. Before the Village Board can grant a Zoning Map Amendment, a public hearing must be held before the Plan Commission.

The property owners, Land Developers, Inc., are asking for such a Zoning Map Amendment. The Plan Commission will hold a public hearing on the requested 'Zoning Map Amendment on Thursday, November 4,1993 at 7:30 p.in. in the Civic'Center, 535 Duane Street, Glen Ellyn, Illinois. All persons in the Village of Glen Ellyn who are interested are invited to attend the public hearing to listen and be heard. Plans related to the proposed apartments are available for public review in the office of the Director of Planning and Development, Civic Center, 535 Duane Street, Glen Ellyn.

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The property at the southwest corner of Somewhere Avenue and Anywhere Road is zoned R2, and is legally described as follows:

All lots 1 through 15 in Undeveloped Subdivision, being a subdivision in the Northeast Quarter of Section 40, Township 39 North, Range 10, East of the Third Principal Meridian, according to the Plat thereof recorded November 11, 1920 as Document No. 5555, in DuPage County, Illinois P.I.N.: 05-40-100-001 through -015.

The Zoning Map Amendment is requested in accordance with Section 10-10-13(C) of the Glen Ellyn Zoning Code to approve changing the zoning of the subject property from R2 Single-Family Residential to R4 Residential District. Individuals with disabilities who plan to attend the hearing and who require certain accommodations in order to allow them to observe and participate, or who have questions regarding the accessibility of the meeting or facilities, are requested to contact the ADA Coordinator at 469-5000.

The format used, with directions for tailoring the boiler-plate to a specific zoning action, is as follows:

The owners of (address) are planning to (describe project in simple terms). However, (describe what the standard from the locale code is and why the project does not meet the requirement, in simple language). In order to (repeat project), a (type of zoning action) must be granted from this requirement. Before the (approving entity) can grant a (type of zoning action) a public hearing must be held before the (reviewing entity),

The property owners, (names), are asking for such a (type of zoning action). The (reviewing entity) will hold a public hearing on the requested (type of zoning action) on (date, time and location). All persons in (name of municipality/county) who are interested are invited to attend the public hearing to listen and be heard. Plans related to the (project) are available for public review in (location).The property at (address) is zoned (zone), and is legally described as follows:
(legal description)
The (type of zoning action) is requested from (specific code reference) of the (code name) to approve (specific detail of zoning action). Individuals with disabilities who plan to attend the hearing and who require certain accommodations in order to allow them to observe and participate, or who have questions regarding the accessibility of the meeting or facilities, are requested to contact the ADA Coordinator at (phone #).

January 1994 / Illinois Municipal Review / Page 23